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40 <br />Price or an extension of the Contract Time and the parties are unable to agree as to Use amount or <br />extent thereof, CONTRACTOR may make a claim therefor as provided in Article I I or 12. <br />Rejecting Defective Work: <br />9.6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be <br />defective, and will also have akrthority to require special inspection or testing of the Work as provided <br />in paragraph 13.9, Whether or not rite Work is fabricated, installed or completed. <br />Shop Drawings, Change Orders and Payments: <br />i <br />9.7 In coruiection with ENGINEER's responsibility for Shop Drawings and samples, see patagraph 6.28 <br />1 through 6.35 inclusive. <br />9.8 In connection with ENGINEER's responsibilities as to Change Orders, see articles 10,'11 and 12. <br />9.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, see <br />article 14. <br />Determinations for Unit Prices; <br />9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by <br />CONTRACTOR, ENGINEER will review with CONTRACTOR ENGINEER's preliminary <br />determinations on such matters before rendering a written decision thereon (by recommendation of an <br />Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and <br />binding upon OWNER and CONTRACTOR, unless, within ten (la) days after the date of any such <br />decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to <br />ENGINEER written notice of intention to appeal from such a decision. <br />Decisions on Disputes: <br />I <br />9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge <br />of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the <br />acceptability of the Work or the interpretation of the requirements of the Contract Documents <br />pertaining to the performance and furnishing of the Work and claims under Articles l I and 12 in <br />respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in <br />witting with a request for a formal decision in accordance with this paragraph kvhich ENGINEER will <br />render in writing within a reasonable time. Written notice of each such claim, dispute and other <br />matters will be delivered by a claimant to ENGINEER and the other party to the Agreement promptly <br />(but in no event later than thirty (30) days) after the occurrence of the event giving rise thereto, and <br />written supporting data will be submitted to ENGINEER and the other party within sixty (60) clays <br />after such occurrence unless ENGINEER allows an additional period of time to ascertain more <br />accurate data in support of the claim. <br />9.12 L'i+'hern functioning as interpreter and judge kinder paragraphs 9.10 and 9. 11, ENGINEER will not show <br />partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation <br />or decision rendered in good faith in site]) capacity. The rendering of a decision by ENGINEER <br />pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except <br />any which have been waived by the making or acceptance of final payment as provided in paragraph <br />14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights <br />or remedies as either nnav otherwise have under the Contract Documents or by Laws or Regulations <br />in tespect of any such ctaim, dispute or other matter. <br />GENERAL CONDI'T'IONS <br />GC — 21 <br />